Woman's rayon dress imported from India; not "India Item" exempt from quota

HQ 962518 April 6, 1999 CLA-2 RR:CR:TE 962518 ASM CATEGORY: Classification Tariff No.: 6204.44.4010 Mr. Paul Singh Tipsy P.O. Box 151282 Los Angeles, CA 90015 RE: Woman's rayon dress imported from India; not "India Item" exempt from quota Dear Mr. Singh: This letter concerns your request for a binding ruling on an item identified as a woman's garment made in India. Specifically, your ruling request concerns whether or not the subject item would qualify as an "India Item" under the United States/India bilateral textile agreement which would exempt the item from quota. FACTS: The subject article is a woman's dress constructed of 100 percent woven rayon fabric, which has been identified by the importer as Item #11-ABA. The garment is a short sleeve, loose fitting dress which drapes to the ankle. The waist falls mid-torso and has four functional buttons at the front of the bodice. The dress has side ties sewn into either side seam at the waist which are designed to tie at the back. The dress is embellished by embroidery on the front of the garment, on the bodice, and at the hemline. Velvet-like panels are sewn on either side of the button placard to further ornament the bodice. A decorative velvet-lie panel has also been sewn to the lower mid-portion at the front of the skirt with embroidered rayon material sewn to the panel creating the ankle length front hem of the skirt. A decorative ribbon has been sewn in scroll-like designs to all the velvet panels. ISSUE: Whether the article would qualify as an "India Item" exempt from quota under the United States/India bilateral textile agreement. LAW AND ANALYSIS:  Classification of goods under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI’s). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN's), which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI's. The garment at issue is classified under the provision for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of artificial fibers: Other: Other; Women's", in subheading 6204.44.4010, HTSUSA. However, the designation as an 'India Item' exempt from quota is not determined by the HTSUSA, but by language of the bilateral textile agreement between the United States and India regarding such items. The U.S./India bilateral textile agreement describes "India Items" in pan, as: * * * traditional folklore handicraft textiles products made in the cottage industry. They comprise clothes, clothing accessories and decorative furnishings whose shape and design are traditionally and historically Indian. [Emphasis supplied] The subject garment has been identified as an "Aba" which is defined in the United States/India bilateral agreement as: "An over-garment close fit at the upper pan with a Ghargra type skin touching the ankles." The Ghargra is defined as: 'An ankle length very wide skin with draw suing or hooks at the waist." The article in question is extremely loose fitting at the bodice and the sample has been designated as a "Free Size", which we assume means a "One size fits all." Clearly it does not have a "close fit" at the upper pan pursuant to the definition of an "Aba" contained in the agreement. The designation as an "India Item" is also dependent upon whether the garment possesses the shape and design that are traditionally and historically Indian. This garment is not at all similar to the traditional Indian “Aba" which has a 3/4 length sleeve, an additional panel Insert for fullness in the underarm, and no defined waist. Furthermore, the ornamentation on the subject dress appears to be entirely machine sewn and fails to reflect a design that is characteristic of an Indian folk style. Based upon our examination of the garment at issue and all the information provided to Customs regarding an 'India Item' and 'Aba' as it is used in the bilateral textile agreement and in the traditional/historical sense, it is our belief that the subject garment does not qualify as quota exempt India items as defined in the agreement. If you would like additional information regarding items which are considered "India Items,' exempt from quota, under the U.S./India bilateral textile agreement, we suggest you contact the Chairman of CITA. She may be reached by writing to her at: Chairman, Committee for the Implementation of Textile Agreements U.S. Department of Commerce 14th & Constitution Ave., N.W. Washington, D.C. 20230 Her office may also be contacted at (202) 482-3737. HOLDING: The subject item is not a quota exempt "India Item" under the U.S./India bilateral textile agreement. It is classifiable under the provision for "Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of artificial fibers: Other: Other; Women's", in subheading 6204.44.4010, HTSUSA. The duty will be 16.5 percent ad valorem under the general column one rate. The textile restraint category is 636. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, The Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division